This is an appeal against conviction only. The appellant was conviction only. The appellant was convicted of culpable homicide as defined in S 49 of the Code. The culpable homicide charge emanated from a road traffic accident that took place at the intersection of Lobengula Road and the Harare - Mutare highway. More
It has never ceased to amaze me how some of our citizens have developed this insatiable desire for litigation even in circumstances where clearly the odds are heavily stacked against them. This is one such a case and such conduct must be discouraged.
The facts which are common cause in this case can be summarised as follows: More
On 28 June 2012 the applicant filed the instant application. It was not until 7 November that this matter had to be argued as an opposed application in Court.
When the two counsels appeared before me to argue this matter, the first respondent’s counsel raised two points in limine which he hoped would dispose of the matter in the first respondent’s favour without dealing with the matter on merits. The 1st point in limine taken by counsel for the first respondent for the first time ever was to challenge the status of the deponent to the applicant’s founding affidavit. It... More
The plaintiff is a medical aid society the members and beneficiaries for which are employees of the Harare Municipality, a local authority. The first defendant is a businessman, with direct or indirect beneficial interest in the second defendant, a private company duly registered in Zimbabwe. During the trial of this matter, the first defendant was serving a term of imprisonment for a crime that is not in any way connected to the present suit. More
The applicant applies for a declaratur and mandamus orders. Its draft order reads as follows:
IT IS ORDERED THAT:
1. The first, second and third respondents’ failure to establish a public primary school in Tynwald South Township, Harare is hereby declared to violate the rights of children from low-income households in Tynwald South, specifically their rights to education, the best interests of the child, to dignity, to administrative justice, and to equality and non- discrimination, as protected in sections 75, 81, 68 and 56 of the Constitution.
2. The first respondent shall, with immediate effect, redirect the Beer Levy funds... More
